| |
| |
|
Statutory Probate
Fees in California
The fees charged by the executor or administrator of an estate
in probate, as well as that of the probate
attorney, are set by law as a percentage of the estate's
value. Either party may waive the entire fee or any portion
of it and take a lesser amount.
| The fees that can be charged are computed
from a fee base. The fee base is taken from the inventory
filed with the court and consists of the total fair market
value of the assets included in the estate, income received
during the probate period, and any capital gains realized
through the sale of estate assets less any capital loss.
If the inventory was waived, then the fee basis is restricted
to the inventory value of the estate's assets. In computing
the fee, liabilities are excluded. |
|
|
The fee base is then calculated, based on a percentage
as follows:
| Percentage |
Fee |
Cumulative Fee |
| 4% of the first $100,000 |
$4,000 |
$4,000 |
| 3% of the next $100,000 |
$3,000 |
$7,000 |
| 2% of the next $800,000 |
$16,000 |
$23,000 |
| 1% of the next $9,000,000,000 |
$90,000 |
$113,000 |
| 0.5% of the next $15,000,000 |
$75,000 |
$188,000 |
If the estate exceeds $25,000,000 in value, the court
will determine the amount of the fee for the excess.
The executor or administrator and attorney
may receive their fees based on the following estate sizes:
| Size of Estate |
Statutory Fee |
| $100,000 |
$4,000 |
| $200,000 |
$7,000 |
| $300,000 |
$9,000 |
| $400,000 |
$11,000 |
| $500,000 |
$13,000 |
| $600,000 |
$15,000 |
| $700,000 |
$17,000 |
| $800,000 |
$19,000 |
| $900,000 |
$21,000 |
| $1,000,000 |
$23,000 |
| $1,250,000 |
$25,000 |
| $1,500,000 |
$28,000 |
| $1,750,000 |
$30,500 |
| $2,000,000 |
$33,000 |
| $2,000,000 |
$43,000 |
| $3,000,000 |
$53,000 |
| $4,000,000 |
$63,000 |
| $5,000,000 |
$73,000 |
| $6,000,000 |
$83,000 |
| $7,000,000 |
$93,000 |
| $8,000,000 |
$103,000 |
| $9,000,000 |
$113,000 |
The listed statutory fee is that for the executor or administrator
as well as for the attorney, and is the same for both.
If the fee base is determined on an estate valued at $300,000,
they receive $9,000 each. The listed fee is not split
between them.
In addition to the statutory fee, either or both of the attorney
and the executor or administrator may request extraordinary
fees for services performed that exceed the statutory amount.
The court will usually award additional compensation for activities
such as preparing and filing of tax returns, selling assets
including real property, litigating lawsuits against the estate,
continuing an existing business, and performing certain other
tasks. The amount requested for this additional work varies
and depends on the time involved in performing a necessary task
and is subject to court approval and discretion.
THE MAMOLA LAW FIRM, APC is conveniently located throughout Orange County. For additional information, please contact us at (949) 333-6543. |
|
|
| CAUTION: This website is to provide visitors with basic information.
Every legal situation is different, and no information on this website
is to be construed as legal advice on any specific question. Additionally,
the information on this website is for informational purposes, no
warranty is made as to the accuracy of any information contained therein,
or its applicability to any particular situation. This website must
not be used as a substitute for legal advice from qualified lawyer
or legal counsel. No attorney & client relationship or privilege
is formed by visiting this site or by sending my office any unsolicited
e-mail. Therefore, initial emails must not contain any confidential
information. I may already represent parties adverse to you and cannot
advise or represent you until I check for conflicts. I am licensed
only in California, and may offer my services only to those residing
or doing business in California, unless associated with local counsel
or lawyer in accordance with other states' laws. The Mamola Law Firm, APC is not currently licensed to practice in the
State of Nevada.
|
|
|
|
